Unblocking the road

Joanna Cherry is probably mostly right. Peter Wishart is dependably Pete Wishart.

My support for Joanna Cherry’s position is qualified for two principal reasons. The first is that it needs to be made clear that, while the Scottish Government should certainly prepare for a court battle, it must not be the Scottish Government which initiates court action. To support the claim that it is proceeding as it is entitled to, the Scottish Government must proceed as if it was so entitled. Why should the Scottish Government initiate court action to establish the Scottish Parliament’s authority to facilitate the exercise of Scotland’s right of self-determination if it is claimed that the Scottish Parliament already possesses this authority?

The purpose is not to establish either the right of self-determination or the Scottish Parliament’s competence but to assert these.

Consider the ‘optics’. Rather than seem to be trying to extract from the British government something they have the power to withhold how much better, and more honest, is it if the situation is presented as the British government trying to deny our democratic rights.

Also, I see no point whatever in asserting the right to have a pretend referendum. Suppose the court confirms that the Scottish Parliament has competence to facilitate a “consultative” referendum. That still leaves open the question of competence to facilitate the full and effective exercise of our sovereignty in deciding the constitutional status of our nation and choosing the form of government which best suits our needs. And isn’t that what we’re fighting for?

The Scottish Parliament has exclusive democratic legitimacy in Scotland. We cannot and must not settle for it having less than the powers which this entails.

Pete Wishart’s refrain is, as is customary, “Not yet!”. And his insistence on procrastination is as devoid of explanation or supporting argument as ever it was. He boldly asserts that losing a legal challenge would ” set the case for Indy back significantly”. But he doesn’t elaborate. Presumably, we are supposed to just take his word for it. We are not supposed to question his wisdom. Sorry, Pete! I question everything!

I ask the obvious and necessary questions. Where are we now? Where would we be should a court case be lost?

Where we are now is at a road-block in limbo. We are wholly committed to a process which crucially relies on the goodwill and good faith of the British political elite. So, a process which can never lead to a referendum and/or the restoration of Scotland’s independence. We are going nowhere. We have no possibility of going anywhere whilst committed to the Section 30 process. And there seems no way that this commitment can or will be abandoned.

Where will we be if the court doesn’t find in our favour? That very much depends on the precise nature of the action and of the court’s finding. But the worst-case scenario must be that the court upholds the British governments claim that the Scottish Parliament does not have competence to hold a constitutional referendum. (Note that it makes no difference whether this is in relation to a “consultative” or a full referendum. If one is ruled out, they both are. So why aim low?)

It might be argued that this makes us worse off because the British government now has court backing for its anti-democratic position. But all it really means is that the case goes to a higher court. Which is, at least, some kind of movement. And it is movement towards the highest court of all – the one presided over by the people of Scotland.

It is difficult to see how asserting the thing we are fighting for puts us in a worse position than not asserting it. The idea that independence will come if we just continue to accept the Union for long enough makes no sense whatever. There can be no momentum without movement. Right now, because of some bad choices, we are in a place where we have precious little room for movement. Either we remain stationary at the road-block in limbo, or we go drive on and defy the British government to try and stop us.

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